Spitznagel v. State Board of Education

I

{¶ 1} This case presents two questions for our review: (1) is it error to find that a territory transfer would cause significant detriment to the fiscal or educational operation of the transferring school district under Ohio Adm.Code 3301-89-02(B)(9) based only upon a showing of a potential loss of revenue, and (2) is it error to rely upon racial factors in a denial of a school transfer petition when the racial impact is found to be de minimis?

{¶ 2} We hold that evidence of a loss of revenue is a legally sufficient basis for the State Board of Education to determine that a territory transfer…